20070464 Ver 1_More Info Received_20080305

W Y R I C K The Summit
4101 Lake Boone Trail
R O B B I N S Suite 300
Raleigh, NC 27607.7506
Y A T E S PO Drawer 17803
`7 L P O N T O N Raleigh, NC 27619
L L P
ph 919.781-4000
fax [phone]
ATTORNEYS AT LAW www.wyrick.com
March 5, 2008
VIA HAND DELIVERY
Cyndi Karoly
Division of Water Quality
401 Wetlands Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604 M
Danny Smith ?B v Do
Division of Water Quality
512 N. Salisbury Street MAR 5 2008
Raleigh, NC 27604
DENR -WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Re: DWQ Project No. 07-0464
Olde Liberty Golf Club, Franklin County
Dear Cyndi and Danny:
Per the instructions in Cyndi Karoly's letter dated May 15, 2007 to Mr. Wolf regarding
the above referenced DWQ project, we have recorded the Division of Water Quality
Conservation Easement ("Conservation Easement") with the Franklin County Register of Deeds
office on March 3, 2008 in Book 1670, Page 933. I have enclosed a copy of the Conservation
Easement for your records.
It is our intention to record a Subordination Agreement signed by Ballymore
Development, LLC (`Ballymore") which subordinates Ballymore's Deed of Trust (which is
recorded in Book 1470, Page 419, Franklin County Register of Deeds) to the Conservation
Easement on or prior to May 5, 2008, and will forward you a copy of the Subordination
Agreement after it has been recorded with the Franklin County Register of Deeds.
18255.010 528005-v1
Cyndi Karoly
Danny Smith
March 5, 2008
Page 2
If you have any comments or questions, please feel free to contact me at 919-865-1110.
Very truly yours,
WYRICK ROBBINS YATES & PONTON, LLC
Robert Charles Lawson
Enclosures
cc: Richard Wolf (w/ encl.)
Nicole Thompson (w/ encl.)
Eric Alsmeyer (w/ encl.)
Michael Preston (w/out encl.)
18255.010 508005-v1
(Page 1 of 25)
933
fllIIIII?Nf119lf1VlUlll?fll?lll?l?III?IIII?IIIINIIII?ll1?11?11
Doe I0: 003104840025 Tvoe: CRP
Recorded: 03/03/2008 at 01:03:06 P11
Fee Amt: $86.00 Pace 1 of 25
Franklin Countv North Carolina
Linda H. Stone Resister of Deeds
B1< 1670 Po933-957
_?: is
Prepared by and return to:
Wyrick Robbins Yates & Ponton, LLP (RCL), 4101 Lake Boone Trail, Suite 300, Raleigh, NC 27607
STATE OF NORTH CAROLINA
CONSERVATION EASEMENT
FRANKLIN COUNTY
THIS CONSERVATION EASEMENT ("Conservation Easement") is made this 3
day of Mlq gC t-/ , 2008, by and between OLDE LIBERTY CLUB, LLC, a North Carolina
limited liability company, as grantor ("Grantor"), whose nailing address is 4208 White Chapel
Way, Raleigh, Wake County, North Carolina 27615 and the STATE OF NORTH CAROLINA,
as grantee ("Grantee"), whose mailing address is State of North Carolina State Property Office,
.116 West Jones Street, Raleigh, North Carolina 27603-8003. The designations Grantor and
Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall
include singular, plural, masculine, feminine, or neuter as required by context.
RECITALS:
A. Grantor, as successor-in-interest to Ballymore Development, LLC, a North
Carolina limited liability company ("Ballymore"), and Grantee (through its Division of Water
Quality of the Department of Environment and Natural Resources) are parties to an Agreement
("Agreement') executed September 1, 2004 pursuant to which Grantor is obligated to establish
certain conservation easements in connection with violations of the Tar-Pamlico Riparian Buffer
Rules, all as more particularly described in the Agreement.
B. The Division of Water Quality of the Department of Environment and Natural
Resources has approved acceptance of this instrument and the State of North Carolina will be the
grantee and holder of this Conservation Easement.
C. On April 28, 2005, Grantor acquired fee simple title from Ballymore to that
certain real property situated, lying, and being in Franklin County, North Carolina ("Property"),
and being more particularly described on Exhibit A attached hereto.
D. Grantor has agreed to set aside certain portions of the Property more particularly
described in Exhibit B attached hereto (collectively, the "Easement Area") for the purpose of
18255.010-503485-v4
Book:1670,Page:93_
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(93?
creating conservation easements to preserve, enhance, restore, and maintain the natural features
and resources of the Easement Area, to improve and maintain water quality, to control runoff of
sediment, and to restrict and limit the use of the Easement Area to the terms and conditions and
for the purposes hereinafter set forth.
E. Grantor and Grantee recognize that the Easement Area is comprised of land which
is located in the Tar-Pamlico River Basin and deemed by the State of North Carolina to qualify
as a riparian buffer promoting the cleanup and prevention of pollution of the surface waters and
the establishment of a network of riparian buffers.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
restrictions hereinafter set forth, together with other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by the parties hereto, Grantor unconditionally and
irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in
perpetuity, and Grantee hereby accepts a conservation easement of the nature and character and to
the extent hereinafter set forth ("Conservation Easement"), over the Easement Area.
The purposes of this Conservation Easement are to provide environmental protection for
surface waters and to protect and improve water quality; to maintain permanently the Easement
Area in its natural condition, consistent with these purposes; and to prevent any use of the
Easement Area that will significantly impair or interfere with these purposes. Grantor intends
that this Conservation Easement will restrict use of the Easement Areas to such activities as are
consistent with these purposes.
ARTICLE I. DURATION OF CONSERVATION EASEMENT
This Conservation Easement shall be perpetual. It is an easement in gross, nuns with the
land, and is enforceable by Grantee against Grantor, its representatives, successors, assigns,
lessees, agents, and licensees.
ARTICLE II. RIGHTS RESERVED TO GRANTOR
Grantor reserves certain rights accruing from the fee simple ownership of the Easement
Area, including the right to engage in or permit others to engage in uses of the Easement Area
that are not inconsistent with the purpose of this Conservation Easement. All rights reserved by
Grantor, and set forth below, are reserved for Grantor, its representatives, successors and assigns,
and are considered to be consistent with the conservation purposes of this Conservation
Easement. The following rights are expressly reserved:
1. Passive Recreational Use. Grantor reserves the right to engage and permit others
to engage in any passive recreational use consistent with the conditions and restrictions imposed
in this Conservation Easement, including without limitation, all uses incidental to golfing
activities occurring on the adjacent golf course facility, walking, fishing, animal and plant
observation and any other purpose consistent with the conditions and restrictions imposed in this
Conservation Easement. Grantor reserves for itself and all others engaging in any activity herein
permitted, a right of access to the Easement Area for such permitted activities.
18255.010-503485-v4 2
Book:1670,Page:93:
(Page 3 of 25)
q3s
2. Maintenance. Grantor shall have the right to maintain the Easement Area in a
clean, natural and undisturbed state, consistent with the conditions and restrictions of this
Conservation Easement.
ARTICLE III. PROHIBITED AND RESTRICTED ACTIVITIES
The Easement Area shall be restricted from any development or use that would impair or
interfere with the conservation purposes of this Conservation Easement. Except for those rights
spec if cally reserved to Grantor in Article II, and without limiting the generality of the foregoing,
the following activities and uses are expressly prohibited or restricted:
A. Agricultural, Industrial and Commercial Uses. Agricultural, industrial and
commercial activities in the Easement Area are prohibited.
B. Residential Use. Residential use of the Easement Area's prohibited.
C. Disturbance of Natural Features, Plants and Animals. There shall be no cutting or
removal of trees, shrubs, or other vegetation, or the disturbance of other natural features except for
the following: (1) such actions as are normal and customary for boundary marking, fencing,
signage, and construction and maintenance of the adjacent golf course facilities, nature trails and
public access allowed hereunder; (2) selective cutting and prescribed burning or clearing of
vegetation and the application of mutually approved pesticides for fire containment and protection,.
disease control, restoration of hydrology, wetlands enhancement and/or control of non-native plants,
subject however, to the prior approval of Grantee; (3) hunting and trapping to the extent necessary
to keep the animal popLdation within numbers consistent with the ecological balance of the area and
as permitted under applicable federal, state and local laws and regulations; and (4) fishing permitted
under applicable federal, state and local laws and regulations.
D. Construction. There shall be no constructing or placing of any building, mobile
home, or any other structure on the Easement Area.
E. Si s. No signs shall be permitted in the Easement Area except for no trespassing
signs, local, state or federal traffic or similar informational signs, for sale or lease signs,
educational or interpretive signs describing restoration activities and the conservation values of
the Easement Area, signs identifying the owner of the Easement Area and the holder of the
Conservation Easement, and signs giving directions or proscribing rules and regulations for the
use of the Easement Area.
F. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling,
excavation, dredging, mining, drilling, or removal of topsoil, sand, gravel, rock, peat, minerals,
or other materials, except as necessary for the purpose of combating erosion or incidental to any
conservation management or other activities otherwise permitted in this Conservation Easement.
G. Water Quality and Drainage Patterns. There shall be no diking, draining,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering
18255.010-503485-v4
Book:1670,Page:932
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93(,e
with water control strictures or devices, or disruption or alteration of the restored, enhanced, or
created drainage patterns, except for activities to restore natural hydrology or wetlands as
permitted by Grantee. In addition, diverting or causing or permitting the diversion of surface or
underground water into, within or out of the Easement Area by any means, removal of wetlands,
polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is
prohibited.
H. Dumping. Dumping of soil, trash, ashes, garbage, waste, abandoned vehicles,
appliances, machinery, or other materials in the Easement Area is prohibited.
1. Subdivision. Subdivision, partitioning, or dividing the Easement Area is
prohibited.
Grantor may request permission to vary from the above restrictions for good cause
shown, provided that any such request is consistent with the purposes of this Conservation
Easement. Grantor shall not vary from the above restrictions without first obtaining written
approval from Grantee.
ARTICLE IV. ENFORCEMENT AND REMEDIES
A. Right of Entry and Inspection. Grantee and authorized representatives of Grantee,
shall have the right to enter the Easement Area together with the right of ingress and egress to the
Easement Area over the Property, upon reasonable prior notice at all reasonable times for the
purpose of inspecting the Easement Area to determine if Grantor is complying with the terms,
conditions and restrictions of this Conservation Easement. The easement rights granted herein do
not include public access rights.
B. Enforcement. To accomplish the purposes of this Conservation Easement,
Grantee is allowed to prevent any activity on or use of the Easement Area that is inconsistent
with the purposes of this Conservation Easement and to require the restoration of such areas or
features of the Easement Areas that may have been damaged by such prohibited activity or use.
In the event Grantee becomes aware of any breach of this Conservation Easement, Grantee shall
notify Grantor in writing of such breach. Grantor shall have ninety (90) days after receipt of
such notice to correct the conditions constituting such breach. If such breach remains uncured
after ninety (90) days, Grantee may enforce this Conservation Easement by appropriate legal
proceedings. Grantee shall also have the power and authority, consistent with its statutory
authority: (a) to prevent any impairment of the Easement Area by acts which may be unlawful
or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in
the Easement Area; or (c) to seek damages or other remedies from any appropriate person or
entity.
C. Acts Beyond Grantor's Control. Nothing contained in this Conservation
Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury
or change in the Easement Area caused by third parties, resulting from causes beyond the
Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or fi-om
any prudent action taken in good faith by the Grantor under emergency conditions to prevent,
18255.010-503485-v4 4
Book:1670,Page:933
(Page 5 of 25)
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abate, or mitigate significant injury to life, or damage or harm to the Property resulting from such
causes.
D. No Waiver. No failure on the part of Grantee to enforce any covenant or
provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or
provision hereof or affect the right of Grantee to enforce the same in the event of a subsequent
breach or default.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose; Satisfaction of Agreement. Grantee, for itself, its
successors and assigns, hereby agrees that this Conservation Easement shall be held exclusively
for conservation purposes. Grantee, for itself, its successors and assigns, hereby agrees that this
Conservation Easement satisfies all conditions and requirements set forth in the Agreement
relating to the establishment of conservation easements on the Property.
B. Transfers of the Easement Area. Grantor shall notify Grantee in writing of the
name and address of any party to whom the Easement Area or any part thereof is to be
transferred at or prior to the time said transfer is made. Grantor further agrees to make any
subsequent lease, deed, or other legal instniment by which any interest in the Easement Area is
conveyed subject to the Conservation Easement herein created-
C. Notices. All notices, requests or other communications permitted or required by
this Conservation Easement shall be sent by registered or certified mail, return receipt requested,
postage prepaid and addressed to the parties as set forth above, or to such other addresses such
party may establish in writing to the other in accordance with this paragraph. All such notices
shall be deemed given or made three (3) days after being placed in the United States mail as
herein provided.
D. Amendments. Grantor and Grantee are free to amend this Conservation Easement
to meet changing conditions, provided that no amendment will be allowed that is inconsistent
with the purposes of this Conservation Easement or affects the perpetual duration of this
Conservation Easement and further provided that any such amendment shall be in writing and
executed by both Grantor and Grantee.
E. Entire Agreement. This instrument sets forth the entire agreement of the parties
with respect to the Conservation Easement and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Easement. If any provision is found
to be invalid, the remainder of the provisions of this Conservation Easement, and the application
of such provision to persons or circumstances other than those as to which it is found to be
invalid, shall not be affected thereby. The Recitals set forth above and the Exhibits attached
hereto are incorporated herein by reference.
F. Parties. Every provision of this Conservation Easement that applies to the
Grantor or to the Grantee shall likewise apply to their respective representatives, successors,
assns, and grantees, and all other successors in interest.
18255.010-503485-v4
Book:1670,Page:93:
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93?
G. Subsequent Liens. No provisions of this Conservation Easement shall be
construed as impairing the ability of Grantor to use the Easement Area as collateral for
borrowing purposes, provided that any mortgage or lien arising therefrom shall be subject to the
Terms and provisions of this Conservation Easement.
ARTICLE VI. QUIET ENJOYMENT
Grantor reserves all rights accruing from ownership of the Easement Area, including the
right to engage in or permit or invite others to engage in only those uses of the Easement Area
that are expressly reserved herein, not prohibited or restricted herein, and are not inconsistent
with the purposes of this Conservation Easement. Without limiting the generality of the
foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and
licensees, the right of access to the Easement Area, and the right of quiet enjoyment of the
Easement Area.
TO HAVE AND TO HOLD the said Easement Area perpetually unto Grantee for the
aforesaid purposes, and Grantor covenants that Grantor is seized of said Easement Area in fee
and has the right to convey the permanent easement herein granted; that the Easement Area is
free from encumbrances except as to that Deed of Trust recorded in Book 1470, Page 419,
Franklin County Registry, and those easements, rights-of-way, covenants, restrictions, and other
matters of public record, none of which would nullify, impair or limit the terms or effect of this
Conservation Easement; and that Grantor will warrant and defend title to the same against the
claims of all persons whomsoever.
f THE NEXT PAGE IS THE SIGNATURE PAGE]
18255.10-503485 4
Book:1670,Page:93
(Page 7 of 25)

IN TESTIMONY WHEREOF, Grantor has caused this Conservation Easement to be
executed on its behalf the day and year first above written.
GRANTOR:
OLDE LIB CLUB, LLC,
a Nort arol a l ited Liability company
By:
)char golf, Manager
18255.010-503485-v4
Book:1670,Page:93:
(Page 3 of 25)
q40
STATE OF NORTH CAROLINA
COUNTY OF (?Q
I, certify that the following person personally appeared before me this day,
acknowledging to me that he voluntarily signed the foregoing document for the purpose stated
therein and in the capacity indicated: Richard Wolf, Manager of Olde Liberty Club, LLC, a
North Carolina limited liability company.
Date: 1 , 2008.
4r nd
Notary Printed Name
My Commission Expires: I - d j " d-0 /'O
(Official Seal)
TA c,
Comm. Exp.
1-21-2010.
doUBI?C'
18255.10-503485-v4
Book:1670,Page:93:
(Page 9 of 25)
9.4 .
CONSENT OF MORTGAGEE
D.B. ZWIRN REAL ESTATE PARTNERS, LLC
D.B_ Zwim Real Estate Credit Partners, LLC, a New fork limited liability
company (f/k/a D.B. Zwlm Real Estate Partners, LLC) ("Beneficiary"), being the beneficiary
under (i) that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement, and
Fixture Filing from Grantor to P. Neal Cook as trustee ("Trustee") recorded in Book 1470, Page
369, Franklin County Registry as assigned by that Assignment of Note and Liens recorded in
Book 1477, Page 766, Franklin County Registry, as amended by that First Amendment to Deed
of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing recorded in
Book 1595, Page 807 and (ii) that UCC Financing Statement recorded in Book 1470, Page 427,
Franklin County Registry, (collectively, "Deed of Trust"), all conveying and encumbering that
certain real property described on Exhibit A attached to this Conservation Easement, hereby: (a)
consents to the recordation of this Conservation Easement and the imposition of the provisions
hereof; and (b) subordinates the lien and operation of the Deed of Truest to this Conservation
Easement and the provisions contained herein. In the event of a foreclosure of the Deed of Trust,
or a transfer of any portion of the Property in lieu of foreclosure, Beneficiary and Trustee hereby
agree that the purchaser at any such foreclosure or the transferee under any such deed in lieu of
foreclosure shall take title to the Property together with and subject to all of the terms and
conditions of this Conservation Easement. The execution of this Consent of Mortgagee by
Beneficiary shall not be deemed or construed to have the effect of creating between Beneficiary
and Grantor the relationship of partnership or of joint venture, nor shall it be deemed to impose
upon Beneficiary any of the liabilities, duties or obligations of the Grantor under this
Conservation Easement. Beneficiary executes this Consent of Mortgagee solely for the purposes
set forth above. Trustee also joins in and executes this Consent of Mortgagee in his capacity as
trustee for the purposes set forth above.
(Signature page follows)
18255.10-503485-v4
Book:1670,Page:933
(Page 10 of 25)
18255.10-503485-v4
BENEFICIARY:
D.B. Zwirn Real Estate Credit Partners, LLC,
a New York limited liability company
(f/k/a D.B. Zw/ir"n Real Estate Partners, LLC)
By: C?
t
Name: ,J r y 1 ?o-v? s
Title: re.,'vA-,,ey-
Date: D?= D 3'
TRUSTEE:
Co6k, Trustee
Date: z z 7-06 r
qc?-
Book:1670,Page:932
(Page 11 of 25)
qv5
STATE OF A Y (-LO n c,
COUNTY OF
I, certify that the following person personally appeared before me this day,
acknowledging to me that s/he voluntarily signed the foregoing document for the purpose stated
therein and in the capacity indicated: 6? ftC,U,•H J . ]::XLU?-S , Sewlct„!? men}of
D.B. Zwirn Real Estate Credit Partners, C, a New York limited liability company (f/k/a
D.B. Zwirn Real Estate Partners, LLQ.
Date: ?ebrtnG ?1 '?U , 2008.
' =-LS
L !S L"
t. tr
t Y?
Notary Printed Name
My Commission Expires: l ?0$
(Official Seal)
STATE OF kbr+IA CW010 (-
COUNTY OF IVl MLMIQ
I, certify that the following person personally appeared before me this day,
acknowledging to me that he voluntarily signed the foregoing document for the purpose stated
therein and in the capacity indicated: P. Neal Cook as trustee.
Date: Z , 2008.
IWO4
tu?
" 40a n?O S
Notary Printed Name
My Commission Expires: AAcu,41
Seal)
18255.010-503485-v4
Book:1670,Page:93:
(Page 12 of 25)

EXHIBIT A
Tract 1:
All that certain tract or parcel of land located in Franklinton and Youngsville Townships,
Franklin County, North Carolina and more particularly described as follows:
BEING all of Lot 1, containing 540.630 acres, more or less, as shown on that certain plat
of survey entitled "Survey of Property Owned by The Home Team, Inc.", dated March 5, 1999
by Piedmont Surveyors, Inc., Charles M. Davis, Jr., Professional Land Surveyor and recorded in
Plat Book 1999 at Page 99 of the Franklin County Registry to which plat reference is hereby
made for a more accurate and complete description.
Tract 2:
All of that certain tract or parcel. of land located in Youngsville Township, Franklin
County, North Carolina, and more particularly described as follows:
BEING all of Lot I, containing 1.5 acres, more or less, as shown on that plat of survey
entitled "Survey of Property owned by Henry C. Mitchell for The Home Team, Inc.", dated
November 24, 1999, drawn by Piedmont Surveyors, Inc., Charles M. Davis, Jr., Professional
Land Surveyor, and recorded in Plat Book 1999 at Page 454, Franklin County Registry, to which
plat reference is hereby made for a more accurate and complete description.
18255.10-503485-v4 A-1
Book:1670,Page:93.
(Page 13 of 25)
EXHIBIT B
(Easement Property Descriptions)
18255.10-503485-v4 B-1
q45
Book:1670,Page:933
(Page 14 of 25)
9`f(O
NCDWQ Conservation Area "A"
Beginning at a point being South 75 degrees 35 minutes 05 seconds West for a distance of
6,382.43 feet from an existing spindle in the intersection of SR 1227 & SR 1134;
THENCE along a curve to the right having a radius of 315.00' feet and an arc length of
138.52' feet, being subtended by a chord of North 27 degrees 05 minutes 14 seconds West for a
distance of 137.41' feet to a point;
THENCE North 25 degrees 32 minutes 00 seconds East for a distance of 147.90' feet to a
point;
THENCE South 58 degrees 32 minutes 43 seconds East for a distance of 85.79' feet to a
point;
THENCE South 19 degrees 24 minutes 48 seconds West for a distance of 223.74' feet to the
point of beginning;
Together with and subject to covenants, easements, and restrictions of record. Said
property contains 0.417 acres more or less.
BEING the same area labeled A, as shown on the map entitled "Olde Liberty Golf Club
NCDWQ Conservation Areas" prepared by Charles M. Davis of Piedmont Surveys, Inc., dated
February 14, 2008 attached to this Exhibit B.
18255.10-503485-v4 B-2
Book:1670,Page:93:
(Page 15 of 25)
9q?
NCDWO Conservation Area "B"
Beginning at a point being South 79 degrees 51 minutes 17 seconds West for a distance of
6,206.36 feet from an existing spindle in the intersection of SR 1227 & SR 1134
THENCE South 50 degrees 35 minutes 26 seconds East for a distance of 131.05' feet to a
point;
THENCE South 79 degrees 51 minutes 16 seconds West for a distance of 64.37' feet to a
point;
THENCE South 38 degrees 41 minutes 03 seconds West for a distance of 36.31' feet to a
point;
THENCE South 03 degrees 05 minutes 48 seconds West for a distance of 35.01' feet to a
point;
THENCE North 52 degrees 32 minutes 52 seconds West for a distance of 107.21' feet to a
point;
THENCE North 37 degrees 46 minutes 50 seconds East for a distance of 117.22' feet to the
point of beginning;
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 0.264 acres more or less.
BEING the same area labeled B, as shown on the map entitled "Olde Liberty Golf Club
NCDWQ Conservation Areas" prepared by Charles M. Davis of Piedmont Surveys, Inc., dated
February 14, 2008 attached to this Exhibit B.
18255.10-503485-v4 B-3
Book:1670,Page:931
(Page 16 of 25)
eq, 41
NCDWQ Conservation Area ".C"
Beginning at a point being South 83 degrees 58 minutes 23 seconds West for a distance of
4,044.27 feet from an existing spindle in the intersection of SR 1227 & SR 1134;
THENCE South 55 degrees 32 minutes 57 seconds East for a distance of 396.41' feet to a
point;
THENCE North 84 degrees 48 minutes 41 seconds East for a distance of 235.03' feet to a
point;
THENCE South 54 degrees 11 minutes 48 seconds East for a distance of 297.46' feet to a
point;
THENCE South 25 degrees 08 minutes 03 seconds West for a distance of 59.12' feet to a
point;
THENCE South 71 degrees 34 minutes 48 seconds East for a distance of 227.61' feet to a
point;
THENCE South 53 degrees 51 minutes 56 seconds East for a distance of 51.28' feet to a
point;
THENCE South 10 degrees 15 minutes 58 seconds West for a distance of 103.92' feet to a
point;
THENCE North 72 degrees 10 minutes 28 seconds West for a distance of 307.16' feet to a
point;
THENCE North 53 degrees 46 minutes 12 seconds West for a distance of 124.52' feet to a
point;
THENCE North 14 degrees 21 minutes 41 seconds West for a distance of 74.24' feet to a
point;
THENCE North 32 degrees 51 minutes 05 seconds West for a distance of 61.72' feet to a
point;
THENCE North 75 degrees 34 minutes 05 seconds West for a distance of 114.09' feet to a
point;
THENCE North 71 degrees 01 minutes 40 seconds West for a distance of 164.63' feet to a
point;
THENCE North 52 degrees 39 minutes 36 seconds West for a distance of 173.79' feet to a
point;
THENCE South 84 degrees 05 minutes 56 seconds West for a distance of 76.69' feet to a
point;
THENCE North 53 degrees 44 minutes 29 seconds West for a distance of 144.86' feet to a
point;
THENCE North 45 degrees 10 minutes 01 seconds West for a distance of 59.75' feet to a
point;
THENCE North 30 degrees 06 minutes 27 seconds West for a distance of 33.13' feet to a
point;
THENCE North 84 degrees 53 minutes 26 seconds East for a distance of 85.58' feet to the
point of beginning;
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 2.847 acres more or less.
18255.10-503485-v4 B-4
Book:1670,Page:933
(Page 17 of 25)
qqq
BEING the same area labeled C, as shown on the map entitled "Olde Liberty Golf Club
NCDWQ Conservation Areas" prepared by Charles M. Davis of Piedmont Surveys, Inc., dated
February 14; 2008 attached to this Exhibit B.
18255.10-503485-v4 B-5
Book:1670,Page:93:
(Page 18 of 25)
9 S-b
NCDWO Conservation Area "D"
Beginning at a point being South 54 degrees 03 minutes 47 seconds West for a distance of
4,285.10 feet from an existing spindle in the intersection of SR 1227 & SR 1134,
THENCE South 04 degrees 40 minutes 00 seconds West for a distance of 118.13' feet to a
point;
THENCE North 56 degrees 55 minutes 25 seconds West for a distance of 130.58' feet to a
point;
THENCE North 78 degrees 06 minutes 48 seconds West for a distance of 166.73' feet to a
point;
THENCE North 07 degrees 01 minutes 21 seconds East for a distance of 70,25' feet to a
point;
THENCE South 78 degrees 06 minutes 48 seconds East for a distance of 279.59' feet to the
point of beginning;
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 0.514 acres more or less.
BEING the same area labeled D, as shown on the map entitled "Olde Liberty Golf Club
NCDWQ Conservation Areas" prepared by Charles M. Davis of Piedmont Surveys, Inc., dated
February 14, 2008 attached to this Exhibit B.
18255.10-503485-v4 B-6
Book:1670,Page:932
(Page 19 of 25)
RSI
NCDWO Conservation Area "E"
Beginning at a point being South 48 degrees 45 minutes 21 seconds West for a distance of
8,064.79 feet from an existing spindle in the intersection of SR 1227 & SR 1134;
THENCE South 39 degrees 48 minutes 14 seconds West for a distance of 111.77' feet to a
point;
THENCE North 85 degrees 06 minutes 19 seconds West for a distance of 31.41' feet to a
point;
THENCE North 90 degrees 00 minutes 00 seconds West for a distance of 17.74' feet to a
point,
THENCE South 81 degrees 52 minutes 37 seconds West for a distance of 25.09' feet to a
point;
THENCE North 76 degrees 50 minutes 19 seconds West for a distance of 42.81' feet to a
point;
THENCE South 61 degrees 43 minutes 12 seconds West for a distance of 26.19' feet to a
point;
THENCE South 50 degrees 49 minutes 02 seconds West for a distance of 43.49' feet to a
point;
THENCE South 72 degrees 48 minutes 20 seconds West for a distance of 61.72' feet to a
point;
THENCE South 86 degrees 46 minutes 42 seconds West for a distance of 55.56' feet to a
point;
THENCE South 84 degrees 36 minutes 55 seconds West for a distance of 41.59' feet to a
point;
THENCE South 85 degrees 09 minutes 10 seconds West for a distance of 114.10' feet to a
point;
THENCE South 78 degrees 13 minutes 00 seconds West for a distance of 63.96' feet to a
point;
THENCE South 89 degrees 43 minutes 10 seconds West for a distance of 140.37' feet to a
point;
THENCE North 10 degrees 18 minutes 48 seconds West for a distance of 7.69' feet to a point;
THENCE North 70 degrees 27 minutes 36 seconds East for a distance of 189.10' feet to a
point;
THENCE North 84 degrees 42 minutes 52 seconds East for a distance of 37.32' feet to a
point;
THENCE North 70 degrees 06 minutes 44 seconds East for a distance of 42.44' feet to a
point;
THENCE South 59 degrees 57 minutes 11 seconds East for a distance of 45.31' feet to a
point;
THENCE South 89 degrees 08 minutes 44 seconds East for a distance of 46.11' feet to a
point;
THENCE North 53 degrees 09 minutes 15 seconds East for a distance of 20.64' feet to a
point;
THENCE North 84 degrees 19 minutes 49 seconds East for a distance of 89.95' feet to a
point;
18255.10-503485-v4 B-7
Hook:1670,Page:932
(Page 20 of 25)
?Sa
THENCE North 45 degrees 01 minutes 30 seconds East for a distance of 21.42' feet to a
point;
THENCE North 66 degrees 49 minutes 10 seconds East for a distance of 32.30' feet to a
point;
THENCE North 54 degrees 53 minutes 22 seconds East for a distance of 20.00' feet to a
point;
THENCE North 41 degrees 54 minutes 10 seconds East for a distance of 23.59' feet to a
point;
THENCE South 83 degrees 39 minutes 55 seconds East for a distance of 16.46' feet to a
point;
THENCE South 58 degrees 51 minutes 46 seconds East for a distance of 30.45' feet to a
point;
THENCE South 81 degrees 28 minutes 36 seconds East for a distance of 36.77' feet to a
point;
THENCE North 84 degrees 17 minutes 40 seconds East for a distance of 42.63' feet to a
point;
THENCE North 04 degrees 03 minutes 57 seconds West for a distance of 43.84' feet to a
point;
THENCE South 79 degrees 07 minutes 25 seconds East for a distance of 12.45' feet to a
point;
THENCE North 37 degrees 53 minutes 57 seconds East for a distance of 10.71' feet to a
point;
THENCE South 26 degrees 06 minutes 55 seconds East for a distance of 25.63' feet to a
point;
THENCE South 74 degrees 04 minutes 04 seconds East for a distance of 6.84' feet to a point;
THENCE North 68 degrees 34 minutes 09 seconds East for a distance of 28.28' feet to a
point;
THENCE North 67 degrees 05 minutes 09 seconds East for a distance of 14.21' feet to the
point of beginning.
Together with and subject to covenants, easements, and restrictions of record.
Said property contains 0.772 acres more or less.
BEING the same area labeled E, as shown on the map entitled "Olde Liberty Golf Club
NCDWQ Conservation Areas" prepared by Charles M. Davis of Piedmont Surveys, Inc., dated
February 14, 2008 attached to this Exhibit B.
18255.10-503485-A B-8
Book:1670,Page:93:
(Page 21 of 25)
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